this post was submitted on 12 Jul 2025
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Yeah, nobody buying used games will know that it was previously used for cloning. Hopefully they ease off on the bans until they can figure out a better idea on how to deal with MIG Switch.
There shouldn't need to be a better way. There are lots of places where using a MIG cart is legal to download games you have already purchased from the physical cartridge.
It's bullshit that they have somehow normalized the idea that they have the right to do this to paying customers in the first place.
Its legal as long as you don't sell the original game. And as long as you don't do that there isn't a problem either. The issue stems from copying a game, selling the original and still use the copy. If no 2 copies of the same cartridge are online at the same time then there is no issue.
It's legal. Even if you sell on the product after the fact. There's no accounting for whether or not you kept your backup. They don't know what happened to the file. Perhaps you sold the entire console, games and all. Perhaps you lost the physical cartridge and someone else found it and sold it. The point is, Nintendo shouldn't be allowed to brick a physical device just because they feel like someone might have violated the law. They aren't judge and jury.
I mean that really depends on the country, but I was talking how that usually is in my experience. In Germany you have to own the original medium of a backup and according to a quick google search same for the US.
I already covered the fact that it depends on the country in my first comment.
I'm arguing that the person who bought the used game has no control whatsoever over the fact that a backup copy of that game cartridge had been created.
If you so much as lend out your copy of a game they can brick the system that the copy was leant to? That's what you're arguing here. Because that's the conclusion of "you have to retain ownership". The conclusion is that that somehow makes it okay to harm a third party you can't even prove did anything wrong.
Say I lend my copy of a game to my kid? I'm still the owner. I still have the cartridge. This is what I'm talking about. Nintendo doesn't know that the law was broken just because you inserted a mig cartridge into your console. They don't know that the law was broken when the game cartridge is inserted into another switch.
But they are acting as if they do know and are actively detrimentally affecting their customers as a result and they don't care. That's not okay.
If you give away the card to your kid just leave your switch in airplane mode and you won't have a problem. But even so it's not allowed to do that. Btw you can also do that with a digital copy to lend it to another switch while in airplane mode.